"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." United States of America Declaration of Independence
The concept of an inalienable right, whatever the ultimate source, seems to be one of wishful thinking rather based in reality. It is quite easy to see from some current societies and most from history that there is nothing absolute about any given right, even one such as the right to life. The rights which we enjoy, to whatever extent around the globe, are constructs of the societies we live in, maintained and hopefully enforced by the legal system of those societies. Should for some reason those societies degrade or completely collapse, then those rights will also disappear.
I've quoted probably the most famous declaration regarding rights, which goes to show that even the most boldly stated intentions can be no more than words, being put in place by a nation that had legal slavery for almost a century after the words were written. It is a demonstration that rights have to be more than just stated, they have to be enforced. There is nothing automatic about them. Rights are a balance to those who would seek to accrue power, whether accidentally or more likely intentionally. Therefore the citizens of any society must also watch that they are not
eroded, however noble or well meaning the original intention may be.
And that is not as easy as it may seem. After all some rights can directly compete: take for example the right to life and the right to freedom. Which should be paramount? The first curtails the freedom to kill, the second makes it easier for criminals to operate. It is not just a matter of absolute inalienable rights, but forging the right balance between them, not just for individuals, but for society as a whole so that it may continue to function to protect the very rights it wishes to implement. The danger comes when assertions are made that rights eminate from some apparently absolute source. No right is fundamentally absolute and there is no right which cannot ultimately be removed. And indeed there is heated argument in some cases as to just how far rights should extend.
I have no real conclusion, as the whole concept of rights is so mutable. I suppose this is just a warning against reliance on the concept of absolute and inalienable rights as a guarantee of any way of life.
Wednesday, 30 May 2012
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